SHERIFF BIRKHEAD ENDS PRACTICE
OF HONORING ICE DETAINERS

Durham, N.C. – Keeping true to his promise to end the practice of honoring Immigration and Customs Enforcement (ICE) Detainers, Durham County’s new Sheriff, Clarence F. Birkhead, issued a policy directing Durham County Detention Center staff to release detainees as soon as they are eligible.

ICE places detainers on aliens who have been arrested on local criminal charges and for whom ICE claims to have probable cause to believe that they are removable from the United States. The detainers allow ICE to take custody of the alien when he or she is released from local custody. An ICE detainer or “immigration hold” is a tool used to apprehend individuals who come in contact with local and state law enforcement agencies and put them into the federal deportation system. The detainers request that a local jail or other law enforcement agency detain an individual for an additional 48 hours (excluding weekends and holidays) after his or her release date in order to provide ICE agents time to take them into custody.

The Sheriff’s directive advises staff that absent of a court order or arrest warrant signed by a judicial official any person who has had their criminal charges disposed of or who has made bond will not be held beyond the normal timetable for release. This policy, signed by Sheriff Birkhead on Thursday, December 6 went into effect immediately.

After issuing the order Sheriff Birkhead invited members of the Latino community to the Sheriff's Office to discuss the new policy and the reasons behind his decision.